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Defective Medical Products

Defective Medical Products

Personal Injuries

Dangerous Prescription Drugs

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I was Injured by a Drunk Driver, What do I Do?


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America has a drinking problem. Alcohol related deaths are the fourth leading preventable cause of death in the United States; and every two minutes, a person is injured in an alcohol related crash. Although drunk driving is a crime in all states, victims of drunk driving incidents are not compensated for their injuries through criminal actions. Instead, victims (or their loved ones) must sue the drunk driver in civil court to recover for their losses. In these types of cases, there are a few important points to keep in mind:

Beware of Settlements from the Driver’s Insurance

If you were hit by an insured drunk driver, it is likely that driver’s insurance company will attempt to contact you and settle your claim. This means the insurance company will offer you a specific amount of money intended to compensate you for your injuries and property damage. If you accept this settlement, it is very unlikely you will be able sue the driver (or their insurance company) to recover anything else. Frequently, these settlement offers are low-balls and do not account for future medical expenses or pain and suffering. So, it is important to speak with an attorney before cashing any checks or signing anything from someone else’s insurance.

Be Aware of Dram Shop Laws

Unfortunately, not all drunk drivers will carry adequate insurance to cover your claim, or they are uninsured. The driver may be judgement-proof—meaning if you prevail in a lawsuit, you cannot recover anything since the driver doesn’t have enough (or any) assets to pay the judgement. In this situation, it is important to know if you can bring a Dram Shop claim against the bar or restaurant who may be partially responsible for the driver’s intoxication. Depending on your insurance, you may also have the choice of bringing a claim under your uninsured motorist coverage—you should check with your insurance carrier if this is part of your policy.

The State You Live in May Impact Your Case

Some states have no-fault insurance laws. This means to bring a civil lawsuit for automobile related injuries, your damages must exceed a certain cost threshold. In these states, if you do not meet the “threshold,” you may be prevented from bringing a claim. Only 12 states are no-fault states (California is not one of them). In the other 38 states, automobile accident claims proceed as any other negligence action. Click here for more information about no-fault laws.

Drunk driving personal injury lawsuits are complicated, and you should get help from an experienced attorney. At Kershaw, Cook & Talley, we only represent victims of drunk driving accidents, not the drunk drivers—so rest assured that we look out for your best interest. If you or a loved one is a victim of a drunk driving accident, we can help. Call our office for a free case evaluation.

Defective & Dangerous Products

Chicago Medical Malpractice Lawyers

The attorneys at Kershaw, Cook & Talley successfully represent consumers in lawsuits against manufacturers and companies involving defective products and product recalls. Our experienced trial attorneys recover thousands of dollars on behalf of injured individuals in cases involving defective medical devices, dangerous drugs, car defects and more.

Referring Attorneys

Best Chicago Medical Malpractice Lawyers

At times, attorneys require further expertise and resources, legally and financially, to resolve a legal matter. We have the team, capability and dedication to handle challenging cases. If you have a case exceeding your resources with respect to workforce or experience, consider contacting our firm. We welcome referrals from firms in Sacramento and throughout the United States.

Our Services

Medical Malpractice Lawyers, Kershaw, Cook & Talley

We provide free case consultations. If you, or a loved one, suffered an injury due to another’s negligence or wrongful conduct, call our firm. We will examine your individual situation and explain your legal rights. Our attorneys have extensive experience representing injured individuals, in both jury trials and settlement negotiations.

Personal Injury Attorneys, Personal Legal Service.

Kershaw, Cook & Talley is a Sacramento law firm founded on the principle of helping our clients through personalized legal services. With this philosophy, Kershaw, Cook & Talley has garnered a statewide and national reputation for providing outstanding legal representation and obtaining significant compensation for our clients.

Nationally Recognized Personal Injury Law Firm.

We understand personal injury cases are often emotionally and financially straining. Our team of top personal injury attorneys in Sacramento is committed to seeking justice for individuals injured as a result of another's negligence or intentional misconduct. At Kershaw, Cook & Talley, our experienced personal injury attorneys will hold the responsible parties accountable for their actions.


“Bill and Stu worked expeditiously to get my hip claim resolved.
I couldn’t believe how personable they were and easy to contact.”

-S. Thomas

“Stuart helped me with a case involving a defective hip replacement. He was incredibly responsive to my calls and concerns and really kept me updated on what was going on in the litigation. Even though his office was not in my hometown, he actually flew out to meet with me. He was incredibly knowledgeable about the case and really helped me through a very difficult time.”

-Personal Injury Client, as seen on AVVO

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